Illinois Garnishment laws & HR compliance analysis

Illinois Garnishment: What you need to know

A garnishment is an order of a court to an employer to withhold a sum of money from the earnings of an employee for payment of a court- or agency-ordered debt. There are numerous state and federal laws pertaining to the procedure. Where state law is more restrictive than federal law (i.e., protects more of the employee's salary from garnishment), then state law will govern.
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Respond promptly. An employer that is served with a wage garnishment must respond promptly to the notice and any other court papers regarding garnishment. Employers failing to respond to a notice or in any way ignore a garnishment run the very real risk of being held personally liable for the entire judgment.
Family support may include child support, spousal support, and health insurance. The federal Family Support Enforcement Act (42 USCS 666 et seq.) authorizes states to pass their own implementing legislation to ensure collection of family support; states that do not do so lose federal subsidies. The Illinois family state support collection law mandates that a withholding action be authorized as soon as a court orders child or spousal support, even though an employee's wages may not need to be garnished. In other words, the order requiring employee withholding will be served on the employer unless the parties come to a written agreement for an alternative arrangement, approved and entered into the records by the court (750 ILCS 28/1 et seq, 305 ILCS 5/10-3.1).
Income. Income includes wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity, pension, and retirement benefits, lottery awards, insurance proceeds, vacation pay, ...

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